LLIYASHBHAI IBRAHIMBHAI MANSURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Misc. Application No. 6513 of 2010 has been filed under section 482 of the Code of Criminal Procedure for quashing and setting aside the first information report bearing C.R. No. III - 105 of 2010 registered on 06.06.2010 with Dev Baria Police Station, District Dahod, for the offences punishable under Sections 69 and 81 of the Bombay Prohibition Act and the proceedings initiated in pursuance thereof.

(2.) Learned advocate Mr. Daifraz Havewalla for the applicant submitted that in accordance to the notification published in the official gazette, the area of Dahod has been exempted from 1st March to 30th September of every year as vacation period, during which no licence, permit or pass shall be necessary for the collection, transport, sale, purchase or possession of any quantity of Mhowra flowers. Mr. Havewalla, learned advocate for the applicant submits that the truck in question containing about 360 jute bags was intercepted which was carrying about 16200 kgs. of Mhowra flowers; amounting to Rs.1,78,200/-. The police in presence of panchas stopped the vehicle at Dangariya Village prant office which is stated in Dahod District at about 16:45 hrs. Learned advocate for the applicant submitted that the accused driver was inquired by the police and he stated that the same was to be carried to Udaipur, Rajasthan.

(3.) Mr. Pranav Trivedi, learned APP appearing on behalf of the respondent-State has submitted that the notification permits transport, sale, purchase or possession of Mhowra flowers within the notified area as shown in the schedule, and any intention of transports beyond these areas would be an offence; so in the case of Criminal Misc. Application No. 6513 of 2010 the learned APP submitted that when the truck was intercepted, the accused had stated that it was to be carried to Rajasthan.